Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 79 Details mean a number of particulars; an aggregate of small items.225 Other details include the names of the parties, the subject of the contract and standard boilerplate terms and conditions. Other details would not include résumés of employees of contractors that may be attached as an appendix to the contract.226 Contract means an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.227 Personal services mean beneficial or useful acts performed on behalf of another by an individual personally. In this sense, a personal service is an economic service involving either the intellectual or the manual personal effort of an individual, as opposed to the saleable product of the person’s skill.228 Services means the performance of some useful act or series of acts for the benefit of another, usually for a fee; an intangible commodity in the form of human effort, such as labour, skill or advice.229 Personal services contract (also termed a performance contract) means a contract that requires a party to act personally and does not allow substitution. People who provide unique personal services often make performance contracts. A contract that allows the contractor to choose the means to achieve the end result.230 It is important to determine if the relationship at issue is one of “employer-employee” on the one hand, or one of “fee-for-service” or “independent contractor” on the other. The Supreme Court of Canada has recently clarified the language - “contract of service” (employee) and “contract for services” (independent contractor) - to distinguish the two concepts.231 Subsection 24(2)(d) of FOIP covers only “contract for services” or “fee-for-service” 225 British Columbia Government Services, FOIPPA Policy Definitions at https://www2.gov.bc.ca/gov/content/governments/services-for-government/policiesprocedures/foippa-manual/policy-definitions. Accessed April 23, 2020. 226 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 at p. 24. 227 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 402. 228 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1381. 229 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 1643. 230 Garner, Bryan A., 2019. Black’s Law Dictionary, 11th Edition. St. Paul, Minn.: West Group at p. 408 and 409. 231 AB IPC Order F2004-014 at [26]. See also ON IPOC Orders M-373, M-498 and 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2001 SCC 59 (CanLII), [2001] 2 SCR 983 at [41].
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